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![[Post New]](/s/i/i.gif) 2016/06/16 22:16:18
Subject: On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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I made this thread in order for our discussion in the 9th circuit court thread about whether rights are inherent to someone or extended to them through recognition by society to continue without filling that thread with off-topic philosophical questions.
AlmightyWalrus wrote:This'll be my final reply on the topic, I'll make a new thread so we stop filling this one with our constructivism vs. objectivism debate. It's a fascinating subject, but we might be going a bit off-topic.
Prestor Jon wrote: AlmightyWalrus wrote:
There's nothing wrong with rights being social constructs, it becomes a problem when people start pretending that they aren't, and that they can't be changed as a result. It turns what was once a reasonable decision into something akin to religious dogma.
Governments and constitutions are social constructs. Those social constructs can guarantee rights. However, even in the absence of government every person still has basic human rights that can never be taken away.
Good luck proving that. Even if we were to accept that such was the case, those right become meaningless if they are not recognized, making the distinction rather moot anyway. We are afforded rights because we as a society have accepted that these rights are desirable and something that should be afforded everyone, universally. ISIS, on the other hand, do not agree that the right to life exists for anyone not following their crazy ideology, so in the territory held by ISIS, such rights are effectively non-existent.
Asterios wrote: AlmightyWalrus wrote:Asterios wrote: AlmightyWalrus wrote:
Neither life nor liberty are inalienable in the US. Further, if having fought hard for a right means that we can't later change our minds, shouldn't the South still have the right to own slaves? After all, they fought really hard for that right, no?
There's nothing wrong with rights being social constructs, it becomes a problem when people start pretending that they aren't, and that they can't be changed as a result. It turns what was once a reasonable decision into something akin to religious dogma.
actually that is in the bill of rights, as to the south, yes they fought hard, but the north fought harder, he who wins makes the rules they say.
Pretty sure "life, liberty, and the pursuit of happiness" is in the Declaration of Independence. Regardless, you have the death penalty and you put people in jail, so these rights are clearly not inalienable.
You're also now arguing that might makes right, which only makes sense if rights are, as I've been saying all along, a social construct. Thanks for agreeing with me, I guess.
yeah meant declaration, the bill of rights is the first 10 Amendments of the constitution, except those rights existed before, the south was not fighting for their right to have slaves, they were fighting for their right to make their own decisions (one of which was slaves), as far as the death penalty goes, you commit a crime you give up certain rights, like felons and such cannot vote, nor have the right to bare arms.
...which means those rights aren't inalienable at all! What a shocker!
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This message was edited 1 time. Last update was at 2016/06/16 22:16:51
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![[Post New]](/s/i/i.gif) 2016/06/17 09:16:46
Subject: Re:On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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If rights exist independently of society and our recognition of said rights, their independent existence ought to be provable. I'd posit that the existence of independent, inherent rights are in the same category a God; if they exist, we cannot prove it. When there is a model describing rights that actually works without resorting to "that's just the way it is!", models that can't be proven lose their power.
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![[Post New]](/s/i/i.gif) 2016/06/17 14:29:48
Subject: Re:On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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Children also understand that they can threaten or lie to get as they want, and humankind is very good at killing one aonther in order to obtain advantages. Does that mean that there's a natural right to lying, threatening, and killing?
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![[Post New]](/s/i/i.gif) 2016/06/17 14:41:31
Subject: Re:On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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Point.
Still, the fact that children don't like people taking their candy away, for example, isn't proof that the children have some sort of inalienable right to that candy. The children would also potentially become angry if, for example, someone wouldn't give them candy that wasn't theirs in the first place.
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![[Post New]](/s/i/i.gif) 2016/06/17 15:27:07
Subject: Re:On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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A child feeling that something OUGHT to be theirs does not equate to there being a right for the child to have that thing. A child feeling that something ought to be in a certain way is not proof that there is a natural right for something to be that way.
As a community we've decided that we want to avoid causing distress to people when at all possible, as distress is an unpleasant feeling, so we've agreed to set up rules for such things as property. That does not prove the existence of the concept of property outside of humankind.
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![[Post New]](/s/i/i.gif) 2016/06/17 15:47:41
Subject: Re:On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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So chimpanzees create a social construct because they realize that it's in their own interests and that's somehow supposed to be in favour of rights not being social constructs? "Understanding" property rights the way you put it is simply a biological response designed to make sure an individual passes his or her genes on, not reflective of some sort of nebulous concept of right. The dislike of letting people take stuff you want came first, the concept of protecting stuff through rights came after.
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![[Post New]](/s/i/i.gif) 2016/06/17 16:07:06
Subject: On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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Prestor Jon wrote:
I don't think so. I don't have direct private ownership over everything I use and I don't need to have it. In a society you have communal property and private property. You can have societies that have both or only private property (in theory) but I don't think you can have only collective property rights. I don't think it's possible to stamp out individuality from people and that individuality is going to need to be expressed and that's when private property comes into play. Everyone is going to want some form of their own stuff and to make it theirs so you'll always have some level of private property ownership.
I have a natural inalienable right to my body and what I do with my body including the work I use my body to do. SInce I own my body and the work it does I also own all or at least part of the proceeds of that work. Since I own the proceeds I own what I use the proceeds to procure for myself, hence creating property that is solely mine.
But that relies on your claim that you have an inalienable right to your body. You haven't proven that.
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![[Post New]](/s/i/i.gif) 2016/06/17 17:34:19
Subject: On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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Asterios wrote:
and its that very amendment that should tell you the first 10 amendments are inviolate and essentially untouchable, see later amendments are prone to be created and removed but the first 10, the bill of rights or actually etched in stone and cannot be removed but by a dictatorship, the third amendments is testament to that a law that has no bearing and has not been used in how long, and yet it still exists because it is in the first holy 10 of the Constitution the bill of rights.
Pretty sure that an amendment that said that the 3rd amendment no longer applied could be introduced in an entirely democratic way.
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![[Post New]](/s/i/i.gif) 2016/06/17 17:53:48
Subject: On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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Asterios wrote: AlmightyWalrus wrote:Asterios wrote:
and its that very amendment that should tell you the first 10 amendments are inviolate and essentially untouchable, see later amendments are prone to be created and removed but the first 10, the bill of rights or actually etched in stone and cannot be removed but by a dictatorship, the third amendments is testament to that a law that has no bearing and has not been used in how long, and yet it still exists because it is in the first holy 10 of the Constitution the bill of rights.
Pretty sure that an amendment that said that the 3rd amendment no longer applied could be introduced in an entirely democratic way.
and yet it hasn't after 200 years of not even being used.
That might be the most pointless answer I've ever gotten here on DakkaDakka.
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![[Post New]](/s/i/i.gif) 2016/06/17 20:48:48
Subject: On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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Asterios wrote: AlmightyWalrus wrote:Asterios wrote: AlmightyWalrus wrote:Asterios wrote:
and its that very amendment that should tell you the first 10 amendments are inviolate and essentially untouchable, see later amendments are prone to be created and removed but the first 10, the bill of rights or actually etched in stone and cannot be removed but by a dictatorship, the third amendments is testament to that a law that has no bearing and has not been used in how long, and yet it still exists because it is in the first holy 10 of the Constitution the bill of rights.
Pretty sure that an amendment that said that the 3rd amendment no longer applied could be introduced in an entirely democratic way.
and yet it hasn't after 200 years of not even being used.
That might be the most pointless answer I've ever gotten here on DakkaDakka.
because it proves your theory wrong? that you think one of the first 10 Amendments can be revoked or removed and yet here is one that has not been used in over 200 years and yet it still resides there untouched, unscathed and so forth.
How does it prove ANYTHING? You're trying to claim that just because none of the amendments in the Bill of Rights have been changed to date they can't ever be democratically changed; that's completely insane!
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![[Post New]](/s/i/i.gif) 2016/06/18 07:57:39
Subject: On rights - constructivism vs. objectivism (continuation from the 9th circuit thread)
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Ferocious Black Templar Castellan
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oldravenman3025 wrote:
The Founding Fathers had absolutely no trust whatsoever in majoritarian government (i.e. democracy of any kind). That's why they created a Constitutional Republic, and not a fething "democracy".
Oh great, this again. I really don't think you ought to lecture people on how the US works if your understanding is that the US is not a democracy, or that a constitutional republic can't be a democracy. You further just spent a long post essentially boils yelling "rights exist indepentendly of society!!" really loudly without backing it up with anything, in a thread where we're discussing whether that's the case.
oldravenman3025 wrote:
I hope folks enjoy reading this little history lesson, short write-up on what our Founding ideals were, and outline of what our Founders intended. Because I sure as hell didn't enjoy typing out what should understood by Americans, even in this age of American Idol, ideological bickering, agendas, selfishness, and intellectual laziness. I didn't need some academic prick or Wikipedia to fill my head with nonsense, "interpretation", and theories. I've read the Constitution myself. I've read the Declaration of Independence myself. I've read the the writings of the Founding Fathers myself. I've read the Federalist Papers myself. And to be honest, it doesn't take a lawyer, a professor with a doctorate, a judge, or some nebulous "expert" to understand what was behind our system of government or Constitution.
Have a nice day.
Ah yes, the "no reasoning allowed" argument. I award you zero points, and may God have mercy on your soul.
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